(3 days, 16 hours ago)
Lords ChamberMy Lords, given the hour, I can also be brief, because the essential points have been made by the Convenor and by my noble friend Lord Young of Cookham. In essence, what lies behind all these proposed amendments is the question of effectiveness and the importance of putting in place some transitional arrangements to make sure that we do not face the cliff edge, to pick up that phrase from the Convenor, which would be to the detriment of all of us in this House and, indeed, to Parliament generally. We have, as my noble friend Lord Parkinson of Whitley Bay reminded us, a bicameral Parliament and we have to make sure that both Houses work well together. So, the critical point here is that of effectiveness.
This group shows again why analogies are dangerous in this area. The noble Lord, Lord Grocott, spoke in the last group and we had, yet again, the analogy with MPs. It is not a good analogy. The problem with analogies, as a Court of Appeal judge once put it to me, is that they are different, and we are dealing with a vastly different circumstance here: hereditary Peers leaving this House as against MPs leaving the House of Commons in a general election.
The central issue here is one of effectiveness and proper transitional arrangements. Therefore, I look forward to the response of the noble Baroness the Lord Privy Seal to these various options as to how we might best proceed here.
I am afraid I start by disappointing the noble Lord.
As long as it is not a disappointment, my Lord. It would have been a disappointing end to Committee—although we have one more group to go—if we had got to the final groupings without reference to the now famous spreadsheets of the noble Lord, Lord Blencathra. So, I thank him for that.
With regard to some of the comments, before I move on to the substance, I just want to correct for the record a couple of things. I believe that the noble Lord, Lord Parkinson, underestimates the interest of our colleagues at the other end of the building: not least, I believe that my fiancé is watching on television, so I am pretty sure that some Members of the other the other place are interested.
(1 week, 3 days ago)
Lords ChamberMy Lords, on behalf of the Government, I thank the noble Lord for his question. Obviously, it is not appropriate for the Government Benches to respond. The clerks have been clear, and we are discussing all amendments as laid out. We are on the second group of 12 today, so I beg we move forward.
My Lords, I am going to move forward by thanking everybody who contributed to that very interesting and informative debate. I did not declare an interest as a practising barrister—although of course I am—because I do not have any outstanding cases from the Supreme Court. The reason for that is that I received judgment in my last case in the Supreme Court only last week. Full disclosure—I lost. I knew things were bad when I saw in the draft judgment that the court had been very kind about how well I had argued it. That is always fatal; when the court is nice about the way you argue a case, it is going to decide against you. It is an immutable rule of English jurisprudence.
I am grateful for all the support I received on these points from various parts of the House, particularly from the noble Lord, Lord Anderson of Ipswich, who brought his experience to bear. I listened extremely carefully to what the noble and learned Lord, Lord Hope of Craighead, said about participation; that is a real issue. However, I was somewhat alarmed to hear that the first the Law Lords heard of the demise of that venerable institution was on the TV and that they had not been told in advance. I would have thought that a Labour Government would have wanted to tell people about any change in their—so to speak—employment status. Again, it is such a shame that the noble and learned Lord, Lord Falconer of Thoroton, is not among us.
As far as the noble Lord, Lord Newby, is concerned, the answer to the point he gave about individuals was precisely the point that was made by the noble Lord, Lord Anderson, and that was made thereafter by my noble friend Lord Murray. I confess that whenever it comes to a bust-up between Gladstone and Disraeli, I will invariably be on the side of Disraeli.
I am grateful for the support from my noble and learned friend Lord Keen of Elie, both by way of him adding his name to my amendments and from his position on the Front Bench. I wonder whether the reason I received the advice that I would be effectively barred from becoming a judge—although the prospect of Wolfson J was always somewhat theoretical—was because I was becoming a Minister and not a law officer. I was a little surprised, but there we are.
I am extremely grateful to the Attorney-General for his response. He is right that there appears to be a consensus across the Committee that we need to find a way to have more judicial Members here, at the right time. I therefore look forward to continuing the conversation. I would make only one final point: my understanding is that so far as unamended Bills are concerned, in the previous Session only four Bills went through entirely without amendment. Two were money Bills, one was an emergency Bill and one was a Bill on animal welfare that had cross-party support. It is a somewhat worrying approach for a Government to say, ab initio, and before listening to the debate, that they will brook no amendments at all, even if they have cross-party support in principle, as this one has. With that caveat, I will withdraw my amendment.